Student Disability Accommodation Requests

Appeal Process

This Appeal Process shall apply to situations where a student has made a request for an accommodation on the basis of a disability, either to an individual faculty member, a department (either academic or administrative), a duly-appointed Access and Accommodation Resource Coordinator (AARC), or to the McBurney Disability Resource Center (McBurney), as part of the creation of an Individualized Services Plan (ISP) or otherwise, for recommendations to a faculty member or department, which request has been denied.

I. STEP 1. First Level Appeal.

1. Internal to the Unit Which Made the Initial Denial Determination.
   If the department or unit of the individual who has made the initial denial determination, whether in consultation with an AARC or McBurney or not, has its own internal appeal or grievance process (whether specifically for ADA-related decisions or not), that process should be available to review the departmental or unit decision. Time limits, including the period during which an appeal must be filed and other procedural requirements, would be whatever the process indicates. These should be communicated to the person filing the appeal at the outset. In the absence of set time limits, an appeal should have to be filed within 14 days of the denial and decided within 45 days, to be communicated at the outset to the person filing the appeal. Additional resources available to assist in the review of the appeal may include McBurney, Administrative Legal Services, the University Committee's Committee on Disability Access and Accommodation, and the departmental or unit AARC.

2. External to the Unit Where No Internal Process Exists.

   1. For Denials of Requests for Academic/Instructional Accommodations (e.g., test taking).
      This review will be handled by the University Faculty Senate Committee on Disability Access and Accommodation or some subset of that committee. Administrative Legal Services will be available as a resource, and others, such as McBurney or the departmental or unit AARC, may be consulted as needed. This committee shall establish appropriate procedures for handling these appeals and make them available to those seeking to appeal.
      
      

   2. For Denials of Requests for Non-Academic/Non-Instructional Accommodations (e.g., parking, housing, athletics).
      This review will be handled either by an ad hoc group composed of a designee of the department or unit that made the initial decision to deny the accommodation, but not the initial decision maker; a representative of McBurney (where McBurney was not the initial decision maker) and a representative of the Dean of Students Office; or a representative of the Dean of Students Office (where McBurney was the initial decision maker). Administrative Legal Services will be available as a resource, and others may be consulted as deemed necessary. The time limits in this case should be 14 days to file the appeal and 45 days for a decision, communicated at the outset to the person filing the appeal. Other procedural requirements may be established and made available to those seeking to appeal.

II. STEP 2. Second/Final Level Appeal.

In all three situations outlined above (A., B.1., and B.2.), if the initial denial has been upheld, one further appeal will be available to the ADA Coordinator (ADAC).

Any such appeal should be filed within 10 days of the upholding of a denial at Step 1., and a decision made within 30 days of filing the appeal. The standard for review shall not be "de novo," but shall be a review of the record from the original denial and any previous appeals, in light of the stated bases for the appeal, in order to confirm whether the denial is supported by the record and was not arbitrary or capricious, whether any procedural error or failure to consider known relevant facts occurred to the prejudice of the person making the request, and/or whether the denial is in compliance with the ADA.

Any appeal filed with the ADAC shall state with specificity the reason(s) for the appeal (e.g., the basis upon which the record does not support the denial, the procedural error which occurred, the known relevant facts not considered). In addition, the appeal must identify any other appeals, grievances or complaints that have been filed related to the same facts so that a determination can be made as to order of precedence.

The ADAC may ask that the record be provided with a summary from both the person appealing and the unit denying the request, and may solicit additional information from or consult with those previously involved in the decision, including the person appealing, the overall unit head (dean, director, vice chancellor), and/or others as appropriate.

Maximum possible confidentiality will be maintained, although the appellant may be asked for permission to share certain information on a "need to know" basis, if it appears necessary in order to decide the appeal.

III. Access to Complaint Procedures.

1. At the conclusion of Step 2., if the denial has been upheld, a § 36.12, Wis. Stats, complaint may be filed with the Equity and Diversity Resource Center (EDRC). In dealing with such complaints, an expedited investigation/review will be undertaken to ensure that the process below was fair and supported by the record. Section 36.12 complaints filed prior to the conclusion of Step 2. will not be processed because no institutional denial has yet occurred.

2. Nothing in the procedure should be construed to impede or prohibit a timely filing of an ADA or discrimination complaint with the appropriate external governmental agency or an internal complaint or grievance alleging discrimination, whether on the basis of disability or not, unrelated to the request for an accommodation.

IV. Related Policies.

UW-Madison Faculty Policy on Access and Accommodation in Instruction.
Decision makers regarding academic/instructional accommodations at all levels, including appeals, shall conform to the above-referenced policy, particularly with reference to the provision of accommodations pending the conclusion of an appeal.

History

Promulgated by the ADA Coordinator December 21, 1994, in consultation with the McBurney Disability Resource Center, the Dean of Students Office, the Office of Affirmative Action and Compliance, and the Office of Administrative Legal Services. Revised February 20, 1995,
April 11, 1997 and February 12, 1999.

File last updated: September 3, 2003
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Copyright © 2003 The Board of Regents of the University of Wisconsin System.